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MARTIN v. DARWIN

No. 7922.

420 P.2d 782 (1966)

77 N.M. 200

Dennis George MARTIN, a minor, by his father and next friend, George Edwin Martin, and George Edwin Martin, Individually, Plaintiffs-Appellees, v. Tom Lee DARWIN and Ray Smith Darwin, Defendants-Appellants.

Supreme Court of New Mexico.

December 5, 1966.

Attorney(s) appearing for the Case

W.A. Keleher, William B. Keleher, John B. Tittmann, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Robert M. St. John, Albuquerque, for appellees.

OPINION

JOE W. WOOD, Judge, Court of Appeals.

Aggravation of a pre-existing condition was included in the damage instruction as an item for which damages could be awarded. Defendants objected to this inclusion, claiming there was no evidence of aggravation. The objection raised two issues: (1) evidence of causal connection and (2) evidence of the extent of aggravation.

There was a two-car accident. At the time of the accident Dennis Martin was driving...

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